Shelton v. Julian

Plaintiffs sought specific performance of a contract to convey real estate. After trial the court entered a “judgment” ordering “that upon the payment by plaintiffs, . to the defendant, . . . the sum of Seventeen Thousand Dollars ($17,000.00), the defendants . . . shall execute to plaintiffs a deed . . . .” No provision was made to have the money paid into court and no time limit set on the payment. The transcript contains no further orders and does not disclose whether payment was made.

Defendants appealed from the “judgment”. If it was not a final judgment, we do not have jurisdiction to…